Eula

GENERAL TERMS

End-user license agreement

The website https://defit.com and the DEFIT Move2Earn mobile application (hereafter jointly the “Platform”) are an initiative of:

360SPORTS FRANCE,
SAS with a capital of 20 588€,
registered under the number Pau B 898 026 943,
located at Technopôle Hélioparc – 2 avenue du président Pierre Angot 64000 PAU
info@defit.com

Article 1: Scope of application

These general terms and conditions of use (hereinafter referred to as “EULA”) apply to any visit or use of the Platform and its information by an Internet user (hereinafter referred to as “User”).

By visiting or using the Platform, the User acknowledges that he/she has read these EULA and expressly accepts the rights and obligations set out herein.

The provisions of the EULA may exceptionally be waived by written agreement. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the EULA.

We reserve the right to modify our EULA at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.

Article 2: Platform

Article 2.1: Access and navigation

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer a guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.

Any use of the Platform is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements on the Platform.

We would also like to remind you that exercise can be dangerous and should be carried out with care. If you feel unwell, always consult your GP.

We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.

Article 2.2: Content

360SPORTS FRANCE largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to maintain our Platform as complete, precise and up to date as possible, even when the information present on this one is provided to thirds. We reserve the right to modify, supplement or delete the Platform and its contents at any time, without 360SPORTS FRANCE being held liable.

360SPORTS FRANCE cannot offer an absolute guarantee concerning the quality of the information present on the Platform. It is thus possible that this information is not always complete, exact, sufficiently precise or up to date. 360SPORTS FRANCE cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information presented on the Platform.

If certain contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by email (dpo@defit.com) so that we can take appropriate measures.

Any download from the Platform is always at the User’s risk. 360SPORTS FRANCE cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which are entirely and exclusively the responsibility of the User.

Article 2.3: Services reserved for registered Users

Registration

Access to certain services is conditional on the User’s registration.

Registration and access to the Platform’s services are reserved exclusively for natural persons who are legally capable, having completed and validated the registration form available online on the Platform as well as these EULA.

The User must therefore provide a valid e-mail address, to which the Platform will send confirmation of registration for its services. An email address may not be used several times to register for services.

Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The User therefore undertakes to regularly check the messages received at this e-mail address and, if necessary, to reply within a reasonable time.

Only one registration is allowed per individual.

The User ID and password can be changed online by the User in his/her personal Google Mail or Apple space, according to the information provided when the User account was created. The password is personal and confidential, and the User undertakes not to communicate it to third parties.

360SPORTS FRANCE reserves in any case the possibility of refusing a request for inscription with the services of the Platform in the event of non-observance by the User of the EULA.

User account deletion

The regularly registered User may at any time request to delete his account (and all data related) :

- from the Discord application at the following link (https://discord.gg/DEFIT) and by creating a ticket for this purpose in the Support section. User data deletion will be effective within 2 weeks.

OR
- from DEFIT Move2Earn application : from Home screen, tap "Support", tap on "Delete my user account" then "Confirm". User data deletion will be effective immediately.

In both case, the user account deletion is an irreversible operation as all data related to user account are completly removed : personal/profile informations, fitness activities recorded, rewards, teams and game statistics.

Article 3: Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply any relationship between 360SPORTS FRANCE and the external website or even an implicit agreement with the content of such external websites.

360SPORTS FRANCE has no control over external websites. We are therefore not responsible for the safe and proper functioning of hyperlinks and their final destination. The moment the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable for any subsequent damage.

Article 4: Intellectual property

4.1. The Intellectual Property of the 360SPORTS France Company:

4.1.1. The content of the Website and the App, the general structure as well as the software, texts, images, animated or not, photographs, its know-how and all the other elements composing the Website and the App are the exclusive property of the company or of third parties who have granted it a license.

4.1.2. All the elements and the Website and the App themselves are protected by copyright, trademark law, drawings and models and/or all other intellectual property rights.

4.1.3. The name and brand DEFIT, the logos, the drawings and models, stylised letters, figurative marks, and all the signs represented on the Website and the App are and will remain the exclusive property of the company.

4.1.4. No title or right on any element or software will be obtained by downloading or copying parts of this Website or App. It is formally forbidden to the User to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and App and to the elements and software which they contain, nor to modify them or carry out any work using them as a basis, nor to sell or participate in any sale about this Website and this App, the elements of this Website and this App or any software relating to it. 4.1.5. In particular, the User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website and the App, or the computer codes of the elements making up the Website and the App.

4.1.6. The present Terms do not imply any transfer of any kind of intellectual property right on the elements belonging to the company or its rightful owners such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos, for the benefit of the consumer.

4.1.7. The company grants the User a non-exclusive license to use the Website and the App. This license is strictly personal and cannot, in any case, be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Website and the App. 4.1.8. Any reproduction and/or representation, in whole or in part, of one of these rights, without the express authorisation of the company, is prohibited and would constitute an infringement liable to engage the civil and criminal liability of the infringer.

4.1.9. Consequently, the User is forbidden to take any action or to do anything which may directly or indirectly infringe the intellectual property rights of the company.

4.1.10.The same applies to the databases appearing, if any, on the Website and the App, which are protected by the various laws applicable to intellectual property in France and the European Union. Any extraction or reuse, in whole or in part, of the said databases and their content, is therefore prohibited without the prior express authorisation of the company.

4.1.11.The distinctive signs of the company and its partners, such as domain names, brands, names and logos appearing on the Website and the App, are protected by the various laws applicable to intellectual property in France and the European Union. Any total or partial reproduction of these distinctive signs made from elements of the Website and the App without the express authorisation of the company is prohibited within the meaning of the various laws applicable to intellectual property in France and the European Union.

4.1.12.Only an applicable use in conformity with the destination of this Website and the App is authorized.

4.1.13.Any other use, not expressly authorised in writing and in advance by the company, is prohibited and constitutes an infringement.

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4.2. Third-party Intellectual Property

4.2.1. Elements belonging to third parties, such as film extracts, brands, logos, images, texts, sounds, without this list being exhaustive, are the exclusive property of its author and are protected as such by copyright, trademark law or any other right recognised by the laws in force. 4.2.2. The User agrees not to infringe, directly or indirectly, the property rights of third parties whose content is present on the Website and agrees not to exploit these elements in any way whatsoever.

4.2.3. The User undertakes to respect all the rights of third parties whose content is present on the Website and the App.

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4.3. The Intellectual Property of the NFT:
In addition to article 4.1, when the User purchase a Collectible on the Website and the App or on the Marketplace, the company grants the User a limited, worldwide, non-exclusive, revocable license to access and display the underlying NFTs solely for the following purposes:
4.3.2. for the User’s own personal, non-commercial use;
4.3.3. to purchase and sell the NFT on Marketplaces.
4.3.4. Furthermore, the User may not, directly or indirectly, without the company’s express prior written consent:
4.3.5. modify, perform any change or create any derivate works based on the art of the purchased NFT, without limitation, its shape, design, drawing, attributes, features, or colors;
4.3.6. use the purchased NFT to advertise, trade, or sell any third-party product or service;
4.3.7. sell, distribute or use the purchased NFT in movies, videos or any form of media in order to market;
4.3.8. sell, distribute, or use the purchased NFT in any way for your commercial benefit or that of a third party;
4.3.9. attempt to register a trademark, copyright or otherwise acquire additional intellectual property rights in the NFT;

Article 5: Protection of personal data

The personal data provided by the User when visiting or using the Platform are collected and processed by 360SPORTS FRANCE for internal purposes. 360SPORTS FRANCE assures its users that it attaches the greatest importance to the protection of their private life and their personal data, and that it is always committed to communicating clearly and transparently on this point.

360SPORTS FRANCE undertakes to respect the applicable legislation on the subject, namely the Law of 08 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The User’s personal data is processed in accordance with the Privacy Policy available on the Plateform (Menu > Support page) and here : https://defit.com/privacy-policy.

Article 6: Rules of conduct

You agree not to submit any submission or publication on the Platform that :

is defamatory, abusive, harassing or threatening;
is sectarian, hateful, racist or otherwise offensive;
is violent, vulgar or obscene, displays nudity or sexual activity, or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activities or the discussion of illegal activities with the intent to commit them, including a user submission that is or represents an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug trafficking and/or abuse, harassment, theft or conspiracy to commit criminal activity;
infringes or violates any right of a third party, including:
(a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
(b) rights of privacy (in particular, you must not disseminate another person’s personal information of any kind without their express permission) or publicity;
(c) any obligation of confidentiality;
advertise or offer to sell products, services or otherwise (whether or not for profit), or solicit third parties (including solicitations for contributions or donations) for products or services not related to wellness and/or the sporting activities permitted on our Platform;
contains a virus or other harmful component, or otherwise corrupts or damages the Platform or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Platform;
is false or misleading or :
does not generally relate to the designated topic or theme of the Platform;
violates any specific restrictions applicable to our Platform, including age restrictions and procedures;
is anti-social, disruptive or destructive, including “inflammatory”, “spamming”, “flooding”, “trolling” and “griefing” as these terms are commonly understood and used on the Internet.

In addition, you must not :

modify another website in such a way as to falsely imply that it is affiliated with 360SPORTS FRANCE or the Platform;
use or access the Platform by any means other than through the interface provided by 360SPORTS FRANCE;
exchange the right to use the Platform for money, goods, or other economic benefits other than those authorized by 360SPORTS FRANCE, if any.
commit or engage in acts that are in violation of these rules, user guidelines, etc.

360SPORTS FRANCE cannot and does not guarantee that other users comply or will comply with the foregoing rules of conduct and, as between you and 360SPORTS FRANCE, you hereby assume all risk of harm or injury resulting from any such failure to comply. 360SPORTS reserves the right, but disclaims any obligation or liability, to refuse to publish or communicate or to remove or ban any User submission on the Platform that violates these rules of conduct.

360SPORTS FRANCE reserves the right to exercise any legal means it deems necessary to prevent unauthorized and/or illegal use of the Platform, including, but not limited to, technological barriers, IP mapping, and contacting your wireless (cellular) carrier directly.

Article 7: General provisions

360 SPORTS FRANCE reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring any liability.

360SPORTS FRANCE reserves the right to take appropriate sanctions and remedial action in the event of a breach of the EULA by the User. 360SPORTS FRANCE reserves in particular the right to refuse the User any access to the Platform or to our services temporarily or definitively. These measures can be taken without indication of reason and without notice. They cannot engage the responsibility of 360SPORTS FRANCE or give place to any form of compensation.

The illegality or the total or partial nullity of a provision of our EULA will not have any impact on the validity and the application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.

Article 8: Applicable law and jurisdiction

The preceding EULA are governed by the French law in force.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the Commercial Court of Pau (64000).

Conditions of sale

The website https://defit.com, the mobile application DEFIT and the crypto-currency DEFIT are an initiative of:

360SPORTS FRANCE, (hereinafter referred to as “Seller”)

SAS with a capital of 20 588€,

registered under the number Pau B 898 026 943,

located at Technopôle Hélioparc – 2 avenue du président Pierre Angot 64000 PAU

info@defit.com

Preamble

Orders placed by consumers on the https://defit.com website are based solely on these general terms and conditions of sale (GTC).

HOW DEFIT WORKS

The DEFIT ecosystem is composed of three distinct products that can interact with each other but without any obligation, namely:

The website: https://defit.com

This is the showcase site presenting the universe of DEFIT, namely: its history, its products, its ambition, the rules of the DEFIT application via the provision of its WhitePaper. On the website, you have the possibility to buy our DEFIT crypto-currency (hereinafter referred to as “token”) via our service provider Indacoin. These T&Cs apply only to the purchase of tokens directly on our website.

The Move-to-Earn DEFIT application

A Move-to-Earn application is an application that combines both the world of video games, because of its gamification aspect, and the world of sports applications to make users earn crypto-currencies through physical activity. Through the development of this product, 360SPORTS FRANCE’s ambition is to make sports activity more attractive and accessible to all users.

The DEFIT application has three levels of play:

Free-to-Play” mode: the use of this mode is free, the user does not need to invest in the purchase of the DEFIT crypto-currency to access it. After synchronizing his connected object, each day of sports activity allows to earn 1 DEFIT.
Club member mode: the user has invested in the purchase of the DEFIT crypto-currency (minimum of 3,000 tokens). After synchronizing his “wallet” (digital wallet of crypto-currency), the player automatically accesses this game mode. He is then awarded tokens according to his status and the activity carried out (type, duration and intensity).
Web3 player mode : the user owned in his "wallet" at least one Babyfit Genesis NFT and, depending on the particularities of the latter, will be rewarded in a specific way.

The DEFIT crypto-currency is a digital currency issued by 360SPORTS FRANCE, usable through a decentralized computer network.
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The Babyfit Genesis NFT Collection is a digital collectible collection on the Ethereum blockchain.

This crypto currency can be purchased on marketplaces such as Polygonscan, CoinMarketCap, CoinGecko or on our website https://defit.com via the provider Rubic.

360SPORTS FRANCE is only responsible for purchases made directly on our website and cannot be held responsible for purchases of the DEFIT crypto-currency made via other means. In addition, 360SPORTS FRANCE cannot be held responsible for any loss of value of the DEFIT crypto-currency, the Consumer engaging under his sole and entire responsibility his financial positions.

Article 1 : Scope of application

The present general terms and conditions of sale (hereinafter referred to as “GTC”) define the reciprocal rights and obligations in the event of the purchase of DEFIT tokens on the Platform by a User (hereinafter referred to as “Consumer”).

The GTC express the entirety of the obligations of the parties. The validation of an order implies acceptance of these terms and conditions.

In exceptional cases, there may be deviations from the provisions of the GTC, provided that these have been agreed in writing. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the GTC.

360SPORTS FRANCE reserves the right to modify the GTC from time to time. The modifications will be applicable as of their setting on line for any purchase posterior to this date.

Article 2 : Online shop

Through the website, the Seller provides the Consumer with an online shop allowing the purchase of DEFIT tokens, via its Indacoin provider.

They are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller cannot be held responsible.

They are offered subject to availability.

Prices and taxes are specified in the online shop.

Article 3 : Prices

The price of our chips is indicated according to the price at the time of purchase. 360SPORTS FRANCE is not bound by the display of erroneous and obviously derisory prices due to a technical error.

Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at that time.

The prices are indicated in euros or dollars, and do not take into account any transaction costs, which are indicated and invoiced in addition before the order is confirmed by the Consumer.

The total amount of the order (including all taxes) is indicated before final validation of the order form.

Article 4 : Online ordering

The Consumer has the possibility to fill in an order form online, by means of an electronic form. By completing the electronic form, the Consumer accepts the price of the tokens.

The validation of an order implies acceptance of these GTC.

The Consumer shall provide a crypto-currency wallet address (“Wallet”) and billing information. All exchanges with the Seller shall be made through this crypto-currency wallet address.

The Seller reserves the right to block the Consumer’s order in the event of non-payment, incorrect address or any other problem with the Consumer’s account until the problem is resolved.

Article 5 : Confirmation and payment of the order

The Seller remains the owner of the ordered tokens until full payment of the order is received.

Article 5.1: Payment

The Consumer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation takes the place of a signature.

The Consumer guarantees to the Seller that he/she has the necessary authorisations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as to the payability of the sums due under the order.

The Seller has put in place a procedure for the verification of orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Consumer.

In the event of refusal to authorise payment by credit card by the accredited organisations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

Article 5.2: Confirmation

Upon receipt of the purchase validation with payment, the Seller confirms the purchase to the Consumer by transferring the tokens to the Consumer’s crypto-currency wallet.

The Consumer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the Consumer service via the e-mail address serviceclient@defit.com.

If the token is not available, the Seller will inform the Consumer by e-mail as soon as possible in order to replace it or cancel the order and possibly refund the related price, the rest of the order remaining firm and definitive.

Article 6 : Evidence

The communications, orders and payments made between the Consumer and the Seller may be proven thanks to the computerised registers kept in the Seller’s computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

Article 7 : Delivery

Delivery is only made after confirmation of payment by the Seller’s bank.

The tokens are delivered to the address indicated by the Consumer on the online order form. Any additional costs arising from incomplete or incorrect information provided by the Consumer will be charged to the Consumer.

The delivery takes place immediately.

Delivery times are given as an indication. No compensation may be claimed from the Seller in the event of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be cancelled and the Consumer reimbursed.

Article 7.1: Delivery error

In the event of a delivery error in relation to the information on the order form, the Consumer shall inform the Seller within three working days of the date of payment.

Any claim not made within the time limit set shall not be taken into account and shall release the Seller from any liability towards the Consumer.

Article 8 : Right of withdrawal

If the Consumer is a consumer within the meaning of the provisions of the Preliminary Article of the Consumer Code, in accordance with the legal provisions in force, he/she has a right of withdrawal for the purchase of items from the Seller. Any natural person who uses the Seller’s services and places orders for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity is considered to be a consumer within the meaning of the provisions of the Preliminary Article of the Consumer Code (and within the meaning of these GCS).

However, in accordance with Article L. 221-28 of the Consumer Code, as crypto-currency is a good whose price depends on fluctuations in financial market rates, which may occur during the withdrawal period, the right of withdrawal does not apply to these GTC.

Article 9 : Force majeure

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseeable and insurmountable circumstance or a case of force majeure (in particular in the event of fire, explosion, network failure, flooding, snow, ice, accident, vehicle breakdown, administrative closure, pandemic, transport strike, partial or total strike, confinement measures, etc.), the Seller is authorised to suspend the execution of the order, in whole or in part, for the duration of the aforementioned event.), the Seller is authorised to suspend the execution of the order, in whole or in part, for the duration of the aforementioned event. The Seller shall immediately inform the Consumer.

If this event lasts for more than 90 days without interruption, either party to the contract shall have the right to terminate the contract unilaterally by registered letter sent to the other party. The tokens already transmitted by the Seller will nevertheless be invoiced proportionally to the Consumer.

Article 10 : Independence of clauses

The illegality or invalidity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.

Article 11 : Risk disclosure

The User acknowledges and agrees that it shall access and use the Website/App at its own risk. The risk of loss in trading crypto-assets and/or NFTs can be substantial. The User should, therefore, carefully consider whether such trading is suitable for it in light of its circumstances and financial resources. The User should be aware of the following points. The User may sustain a total loss of the funds in its Wallet, and, in some cases, it may incur losses beyond such funds; Under certain market conditions, you may find it difficult or impossible to liquidate an NFT (this can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market); The User acknowledges that there are risks associated with utilizing an internet-based trading system, including, but not limited to, the failure of hardware, software, internet connection, servers, and third party infrastructure, application, networks and protocols. The User acknowledges that the company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.

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Article 12 : Applicable law and jurisdiction

The above GTC are governed by French law.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the Commercial Court of Pau (64000).

In the event of a complaint about the Seller’s products and services, the Consumer may contact the Seller’s customer service by e-mail at info@defit.com.

In the event that the Seller’s after-sales service has not succeeded in resolving the Consumer’s problem, in accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the Consumer has the right to have recourse free of charge to a mediation service.

The European Commission has set up an internet platform for the online settlement of disputes (“RLL platform”) in connection with online sales or service contracts between a consumer resident in the EU and a trader established in the EU. The ODR platform is accessible at ec.europa.eu/consumers/odr/ .

The present general terms and conditions of sale are published as of 27th July 2023.

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